International Dispute Resolution

Overview

The peaceful settlement of disputes is a key aspect of international law and international relations. Article 33(1) of the United Nations Charter states that any dispute that is likely to endanger the maintenance of international peace and security should first be addressed through “negotiation, enquiry, mediation, conciliation, arbitration, judicial settlement, resort to regional agencies or arrangements, or other peaceful means of their own choice.”

CIL focuses on disputes involving States and is looking at International Dispute Resolution (IDR) in its large acceptation, including the activity of international courts and tribunals, Investor-State dispute settlement (ISDS), and new mechanisms such as treaty compliance committees in charge of both dispute prevention and resolution.

The IDR scene is bubbling: the International Court of Justice (ICJ) has never been busier; new types of disputes involving interconnected human rights and climate change-related issues have been emerging and the backlash against ISDS has triggered unprecedented reform efforts.

New frontiers and challenges will also include the emerging role of Artificial Intelligence for IDR while its objective remains to find the most appropriate method(s) of dispute resolution for every dispute, delivering effectiveness and sustainable outcomes.

Recent IDR Events:

Conference related-Output

 

International Courts and Tribunals

IDR Publications

IDR Working Papers | Working Paper no. 1 (2024)

Working Paper no. 1 (2024) - Dr Nilufer Oral, Celine Lange, “The Resolution of intractable Investor-State Disputes, Ways Forward”. This Paper provides an overview of the current state of Investment Arbitration and discusses possible avenues that might be considered to improve the current Investor-State dispute resolution system, with climate change/environmental issues as a principal test subject. In disputes involving these issues, the tension clearly appears between the broad socio-economic interests of States and the narrower interests of foreign investors.

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IDR Working Papers | Working Paper no. 2 (2026)

Working Paper no. 2 (2026) - Celine Lange, Alexandre Senegacnik, “A Call for Proactive Approaches in ISDS Arbitral Practice and Procedure - Engaging with local communities in environment-related disputes”. This Paper examines how a more proactive procedural engagement of arbitral tribunals with local communities' interests could contribute to ensuring that relevant public interest concerns are meaningfully considered in ISDS cases. The Paper seeks to demonstrate that, contrary to prevailing assumptions, arbitral tribunals are empowered, under existing procedural frameworks and through the exercise of their procedural discretion, to take on a more proactive role.

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Second edition of text 'International Commercial Arbitration: An Asia Pacific Perspective

The IDR team has played a major role in the publication of the second edition of the textbook International Commercial Arbitration: An Asia-Pacific Perspective to be published by Kluwer in 2022. The team has provided substantial research and administrative support to the authors, Dr Romesh Weeramantry, Simon Greenberg, and Dr Christopher Kee. This included managing the production of a set of 21 reports on different Asian countries and institutions by top practitioners.

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Survey on Settlement in Investor-State Disputes

In a time of growing criticism of investor-State dispute settlement, this is an opportune time to ask why parties are not settling disputes more frequently. The team conducted an online survey to gain insight into what experienced players consider to be the key challenges to settlement. 

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Collection of Articles in ICSID Review on an Appellate Body in ISDS

CIL collaborated with ICSID Review to publish a collection of articles on an Appellate Body in ISDS in the Fall 2017 issue of ICSID Review, featuring authors from CIL and across the Asia-Pacific. The collection of articles may be accessed here.

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